Earth Equity News

EPA Pollution Exemption Rule Struck Down by Court Ruling. By Juliet Eilperin, WashPost, December 20, 2008. "The U.S. Court of Appeals for the D.C. Circuit yesterday struck down an exemption that for nearly 15 years has allowed refineries, chemical plants and other industrial facilities to exceed federal air pollution limits during certain periods of operation. Environmental groups hailed the ruling, which overturned a provision, enacted under President Bill Clinton, that permits industrial operations that are starting up, shutting down or malfunctioning to emit more toxins into the air than is normally allowed. The EPA and an array of business groups argued that the exemption was essential, but the court determined that it was illegal... The agency created the exemption in 1994, and Bush administration officials broadened the interpretation of the provision over time. This made it subject to judicial review, and a coalition of advocacy groups... challenged the provision's legality in court."